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A History of the Japanese People - From the Earliest Times to the End of the Meiji Era
by Frank Brinkley and Dairoku Kikuchi
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IMPEACHMENT OF HAGIWARA SHIGEHIDE

In connexion with Arai Hakuseki's impeachment of the Treasury commissioner, Hagiwara Shigehide, it was insisted that an auditor's office must be re-established, and it was pointed out that the yield of rice from the shogun's estates had fallen to 28.9 per cent, of the total produce instead of being forty per cent., as fixed by law. Nevertheless, the condition of the farmers was by no means improved, and the inevitable inference was that the difference went into the pockets of the local officials. Similarly, enormous expenses were incurred for the repair of river banks without any corresponding diminution of floods, and hundreds of thousands of bags of rice went nominally to the bottom of the sea without ever having been shipped. During the year that followed the reconstruction of the auditor's office, the yield of the estates increased by 433,400 bags of rice, and the cost of riparian works decreased by 38,000 ryo of gold, while, at the same time, the item of shipwrecked cereals disappeared almost completely from the ledgers. In consequence of these charges the commissioner, Shigehide, was dismissed. History says that although his regular salary was only 3000 koku annually, he embezzled 260,000 ryo of gold by his debasement of the currency, and that ultimately he starved himself to death in token of repentance.

Ienobu and his able adviser, Hakuseki, desired to restore the currency to the system pursued in the Keicho era (1596-1614), but their purpose was thwarted by insufficiency of the precious metals. They were obliged to be content with improving the quality of the coins while decreasing their weight by one half. These new tokens were called kenji-kin, as they bore on the reverse the ideograph ken, signifying "great original." The issue of the new coins took place in the year 1710, and at the same time the daimyo were strictly forbidden to issue paper currency, which veto also was imposed at the suggestion of Arai Hakuseki.

THE SEVENTH SHOGUN, IETSUGU

The seventh Tokugawa shogun, Ietsugu, son of his predecessor, Ienobu, was born in 1709, succeeded to the shogunate in April, 1713, and died in 1716. His father, Ienobu, died on the 13th of November, 1712, so that there was an interval of five months between the demise of the sixth shogun and the accession of the seventh. Of course, a child of four years who held the office of shogun for the brief period of three years could not take any part in the administration or have any voice in the appointment or dismissal of officials. Thus, Arai Hakuseki's tenure of office depended upon his relations with the other ministers, and as all of these did not approve his drastic reforms, he was obliged to retire, but Manabe Norifusa remained in office.

ENGRAVING: TOKUGAWA YOSHIMUNE

THE EIGHTH SHOGUN, YOSHIMUNE

By the death of Ietsugu, in 1716, the Hidetada line of the Tokugawa family became extinct, and a successor to the shogunate had to be sought from the Tokugawa of Kii province in the person of Yoshimune, grandson of Yorinobu and great-grandson of Ieyasu. Born in 1677, Yoshimune, the eighth Tokugawa shogun, succeeded to office in 1716, at the age of thirty-nine. The son of a concubine, he had been obliged to subsist on the proceeds of a very small estate, and he therefore well understood the uses of economy and the condition of the people. His habits were simple and plain, and he attached as much importance as Ieyasu himself had done to military arts and literary pursuits. It had become a custom on the occasion of each shogun's succession to issue a decree confirming, expanding, or altering the systems of the previous potentate. Yoshimune's first decree placed special emphasis on the necessity of diligence in the discharge of administrative functions and the eschewing of extravagance. Always he made it his unflagging aim to restore the martial spirit which had begun to fade from the samurai's bosom, and in the forefront of important reforms he placed frugality. The Bakufu had fallen into the habit of modelling their systems and their procedure after Kyoto examples. In fact, they aimed at converting Yedo into a replica of the Imperial capital. This, Yoshimune recognized as disadvantageous to the Bakufu themselves and an obstacle to the resuscitation of bushido. Therefore, he set himself to restore all the manners and customs of former days, and it became his habit to preface decrees and ordinances with the phrase "In pursuance of the methods, fixed by Gongen" (Ieyasu). His idea was that only the decadence of bushido could result from imitating the habits of the Imperial Court, and as Manabe Norifusa did not endorse that view with sufficient zeal, the shogun relieved him of his office of minister of the Treasury.

One of Yoshimune's measures was to remodel the female department of the palace on the lines of simplicity and economy. All the ladies-in-waiting were required to furnish a written oath against extravagance and irregular conduct of every kind, and in the sixth year after his accession the shogun ordered that a list should be furnished setting forth the names and ages of such of these ladies as were, conspicuously beautiful. Fifty were deemed worthy of inscription, and quite a tremor of joyful excitement was caused, the measure being regarded as prefacing the shogun's choice of consorts. But Yoshimune's purpose was very different. He discharged all these fair-faced ladies and kept only the ill-favoured ones, his assigned reason being that as ugly females find a difficulty in getting husbands, it would be only charitable to retain their services.

He revived the sport of hawking, after the manner of Ieyasu, for he counted it particularly suitable to soldiers; and he pursued the pastime so ardently that men gave him the name of the Taka-shogun (Falcon shogun). He also inaugurated a new game called uma-gari (horse-hunting); and it is on record that he required the samurai to practise swimming in the sea. By way of giving point to his ordinances inculcating frugality, he himself made a habit of wearing cotton garments in winter and hempen in summer—a custom habitually practised by the lower orders only. The very detailed nature of his economical measures is illustrated by an incident which has independent interest. Observing that the fences erected on the scarp of Yedo Castle were virtually useless for purposes of defence and very costly to keep in repair, he caused them all to be pulled down and replaced by pine trees. This happened in 1721, and the result was that the battlements of this great castle were soon overhung by noble trees, which softened and beautified the military aspect of the colossal fortress. To the same shogun Yedo owes the cherry and plum groves of Asuka-yama, of the Sumida-gawa, and of Koganei. The saplings of these trees were taken from the Fukiage park, which remains to-day one of the most attractive landscape gardens in the world.

ENGRAVING: VARIOUS OCCUPATIONS OF WOMEN, KYOHO ERA

OTHER MEASURES

For the purpose of acquiring accurate information about the condition of the people, Yoshimune appointed officials who went by the name of niwa-ban (garden watchmen). They moved about among the lower orders and reported everything constituting knowledge useful for administrative purposes. Moreover, to facilitate the ends of justice, the shogun revived the ancient device of petition-boxes (meyasu-bako), which were suspended in front of the courthouse in order that men might lodge there a written statement of all complaints. It was by Yoshimune, also, that the celebrated Ooka Tadasuke, the "Solomon of Japan," was invited from Yamada and appointed chief justice in Yedo. The judgments delivered by him in that capacity will be famous as long as Japan exists. It has to be noted, however, that the progressive spirit awakened by Yoshimune's administration was not without untoward results. Extremists fell into the error of believing that everything pertaining to the canons of the immediate past must be abandoned, and they carried this conception into the realm of foreign trade, so that the restrictions imposed in the Shotoku era (1711-1715) were neglected. It became necessary to issue a special decree ordering the enforcement of these regulations, although, as will presently be seen, Yoshimune's disposition towards the civilization of the Occident was essentially liberal.

CODES OF LAW

By this time the miscarriages of justice liable to occur when the law is administered with regard to precedent only or mainly, began to be plainly observable, and the shogun, appreciating the necessity for written codes, appointed a commission to collect and collate the laws in operation from ancient times; to embody them in codes, and to illustrate them by precedents. Matsudaira Norimura, one of the ministers of State, was appointed chief commissioner, and there resulted, after four years of labour, the first genuine Japanese code (Oshioki Ojomoku). This body of laws was subsequently revised by Matsudaira Sadanobu, and under the name of Osadame Hyakkajo ("Hundred Articles of Law"), it remained long in practice.

LITERATURE

Yoshimune was not behind any of his ancestors in appreciation of learning. In 1721, when his administrative reforms were still in their infancy, he invited to Yedo Kinoshita Torasuke (son of the celebrated Kinoshita Junan), Muro Nawokiyo, and other eminent men of letters, and appointed them to give periodical lectures. Nawokiyo was named "adviser to the shogun," who consulted him about administrative affairs, just as Arai Hakuseki had been consulted by Ienobu. In fact, it was by the advice of Arai Hakuseki that Nawokiyo (whose literary name was Kyuso), entered the service of Yoshimune. Contemporaneous with these litterateurs was the renowned Ogyu Sorai, whose profound knowledge of finance and of administrative affairs in general made him of great value to the Bakufu. He compiled a book called Seidan (Talks on Government) which, immediately became a classic. Special favour was shown to the renowned Confucianist, Hayashi Nobuatsu. He and his son were asked to deliver regular lectures at the Shohei College, and these lectures were the occasion of a most important innovation, namely, the admission of all classes of people, whereas previously the audience at such discourses had been strictly limited to military men.

It is to be observed that in the days of Yoshimune's shogunate the philosophy of Chutsz (Shu-shi) was preferred to all others. It received the official imprimatur, the philosophy of Wang Yang-ming (O Yo-mei) being set aside. One consequence of this selection was that the Hayashi family came to be regarded as the sole depositories of true Confucianism. Yoshimune himself, however, was not disposed to set any dogmatic limits to the usefulness of men of learning. He assumed an absolutely impartial attitude towards all schools; adopting the good wherever it was found, and employing talent to whatever school it belonged. Thus when Kwanno Chqkuyo established a place of education in Yedo, and Nakai Seishi did the same in Osaka, liberal grants of land were made by the Bakufu to both men. Another step taken by the shogun was to institute a search for old books throughout the country, and to collect manuscripts which had been kept in various families for generations. By causing these to be copied or printed, many works which would otherwise have been destroyed or forgotten were preserved.

It is notable that all this admirable industry had one untoward result: Japanese literature came into vogue in the Imperial capital, and was accompanied by the development of a theory that loyalty to the sovereign was inconsistent with the administration of the Bakufu. The far-reaching consequences of this conception will be dealt with in a later chapter. Here, it is sufficient to say that one of the greatest and most truly patriotic of the Tokugawa shoguns himself unwittingly sowed the seeds of disaffection destined to prove fatal to his own family.

ADOPTION OF WESTERN LEARNING

Yoshimune was fond of astronomy. He erected a telescope in the observatory at Kanda, a sun-dial in the palace park, and a rain-gauge at the same place. By his orders a mathematician named Nakane Genkei translated the Gregorian calendar into Japanese, and Yoshimune, convinced of the superior accuracy of the foreign system, would have substituted it for the Chinese then used in Japan, had not his purpose excited such opposition that he judged it prudent to desist. It was at this time that the well-informed Nishikawa Masayasu and Shibukawa Noriyasu were appointed Government astronomers.

Previously the only sources of information about foreign affairs had been the masters of the Dutch ships, the Dutch merchants, and the Japanese interpreters at Nagasaki. The importation of books from the Occident having been strictly forbidden by the third shogun, Iemitsu, Yoshimune appreciated the disadvantage of such a restriction, and being convinced of the benefits to be derived from the study of foreign science and art, he rescinded the veto except in the case of books relating to Christianity. Thus, for the first time, Japanese students were brought into direct contact with the products of Western intelligence. In 1744, Aoki Konyo received official orders to proceed to Nagasaki for the purpose of seeking instruction in Dutch from Dutch teachers. Shibukawa and Aoki are regarded as the pioneers of Occidental learning in Japan, and, in the year 1907, posthumous honours were conferred on them by the reigning Emperor of their country.

THE SANKIN KOTAI

It has already been stated that the financial embarrassment of the Bakufu in Yoshimune's time was as serious as it had been in his predecessor's days. Moreover, in 1718, the country was swept by a terrible tornado, and in 1720 and 1721, conflagrations reduced large sections of Yedo to ashes. Funds to succour the distressed people being imperatively needed, the shogun called upon all the feudatories to subscribe one hundred koku of rice for every ten thousand koku of their estates. By way of compensation for this levy he reduced to half a year the time that each feudal chief had to reside in Yedo. This meant, of course, a substantial lessening of the great expenses entailed upon the feudatories by the sankin kotai system, and the relief thus afforded proved most welcome to the daimyo and the shomyo alike. Yoshimune intended to extend this indulgence ultimately by releasing the barons from the necessity of coming to Yedo more than once in from three to five years, and, in return, he contemplated a corresponding increase of the special levy of rice. But his ministers opposed the project on the ground that it would dangerously loosen the ties between the feudatories and the Bakufu, and inasmuch as events proved that this result threatened to accrue from even the moderate indulgence granted by the shogun, not only was no extension made but also, in 1731, the system of sankin kotai was restored to its original form. The experiment, indeed proved far from satisfactory. The feudatories did not confine themselves to assertions of independence; they also followed the example of the Bakufu by remitting some of the duties devolving on their retainers and requiring the latter to show their gratitude for the remissions by monetary payments. Nominally, these payments took the form of loans, but in reality the amount was deducted from the salaries of vassals. This pernicious habit remained in vogue among a section of the feudatories, even after the sankin kotai had been restored to its original form.

OFFICIAL SALARIES

From ancient times it had been the habit of the Bakufu to assign important offices to men who were in enjoyment of large hereditary incomes. This was mainly for financial reasons. Salaries were paid in the form of additions to the hereditary estates in other words, the emoluments of office became permanent, and the charge upon the Bakufu being correspondingly increased, it was obviously expedient to fill high administrative posts with men already in possession of ample incomes. This system was radically changed by Yoshimune. He enacted that a clear distinction should be made between temporary salary and hereditary income. Thenceforth, salary was to be received only during the tenure of office and was to cease on laying down official functions. This reform had the effect not only of lightening the burden upon the Bakufu income, but also of opening high offices to able men without regard to their private fortunes.

ENGRAVING: VARIOUS OCCUPATIONS OF WOMEN, KYOHO EHA

THE CURRENCY

From the first day of assuming administrative power, Yoshimune gave earnest thought to reform of the currency. His ambition was to restore the gold and silver coins to the quality and sizes existing in the Keicho era. This he effected, though not on a sufficiently large scale. Each of the new coins was equal in intrinsic value to two of the corresponding kenji coins, and the circulation of the latter was suspended, the new coins being called Kyoho-kin after the year-name of the era (1716-1735) when they made their appearance. It was a thoroughly wholesome measure, but the quality of the precious metals available did not suffice. Thus, whereas the gold coins struck during ten years of the Kyoho era totalled only 8,290,000 ryo, a census taken in 1732 showed a total population of 26,921,816. Therefore, the old coins could not be wholly withdrawn from circulation, and people developed a tendency to hoard the new and more valuable tokens.

Other untoward effects also were produced. The shogun paid much attention to promoting agriculture and encouraging land reclamation, so that the yield of rice increased appreciably. But this proved by no means an unmixed blessing. Side by side with an increase in the quantity of rice appearing in the market, the operation of the new currency tended to depreciate prices, until a measure of grain which could not have been bought at one time for less than two ryo became purchasable for one. In fact, the records show that a producer considered himself fortunate if he obtained half a ryo of gold for a koku of rice. This meant an almost intolerable state of affairs for the samurai who received his salary in grain and for the petty farmer. Thus, a man whose income was three rations of rice annually, and who consequently had to live on 5.4 koku for a whole year, found that when he set aside from three to four koku for food, there remained little more than one ryo of assets to pay for salt, fuel, clothes, and all the other necessaries of life.

So acute was the suffering of the samurai that a rice-exchange was established at Dojima, in Osaka, for the purpose of imparting some measure of stability to the price of the cereal. Just at this time (1732), the central and western provinces were visited by a famine which caused seventeen thousand deaths and reduced multitudes to the verge of starvation. The Bakufu rendered aid on a munificent scale, but the price of rice naturally appreciated, and although this brought relief to the military class, it was misconstrued by the lower orders as a result of speculation on 'Change. Riots resulted, and rice-merchants fearing to make purchases, the market price of the cereal fell again, so that farmers and samurai alike were plunged into their old difficulties.

Ultimately, in 1735, the Bakufu inaugurated a system of officially fixed prices (osadame-soba), according to which 1.4 koku of rice had to be exchanged for one ryo of gold in Yedo, the Osaka rate being fixed at forty-two momme of silver for the same quantity of the cereal. Anyone violating this rule was fined ten momme of silver for each koku of rice purchased or sold by him. It is related that the osadame-soba was operative in name only, and that the merchants secretly dealt in the cereal at much lower prices than those officially fixed. The Yedo financiers now concluded that the quantity of currency in circulation was insufficient and its quality too good. Accordingly, the gold and silver coins were once more reminted, smaller and less pure tokens being issued under the name of bunji-kin with reference to the Genbun era (1736-1740) of their issue. Thus, the reform of the currency, achieved with so much difficulty in the early years of Yoshimune's administration, had to be abandoned, and things reverted to their old plight.

If this difficulty operated so acutely under a ruler of Yoshimune's talent, the confusion and disorder experienced when he withdrew his able hand from the helm of State may be imagined. The feudatories were constantly distressed to find funds for supporting their Yedo mansions, as well as for carrying out the public works imposed on them from time to time, and for providing the costly presents which had become a recognized feature of ordinary and extraordinary intercourse. As an example of the luxury of the age, it may be mentioned that when the fifth shogun visited the Kaga baron, the latter had to find a sum of a million ryo to cover the expenses incidental to receiving such a guest. In these circumstances, there arose among the feudatories a habit of levying monetary contributions from wealthy persons in their fiefs, the accommodation thus afforded being repaid by permission to carry swords or by promotion in rank. The poorer classes of samurai being increasingly distressed, they, too, borrowed money at high rates of interest from merchants and wealthy farmers, which loans they were generally unable to repay. Ultimately, the Bakufu solved the situation partially by decreeing that no lawsuit for the recovery of borrowed money should be entertained—a reversion to the tokusei system of the Ashikaga shoguns.

Of course, credit was completely undermined by the issue of this decree. It is strange that such conditions should have existed under such a ruler as Yoshimune. But even his strenuous influence did not suffice to stem the current of the time. The mercantile instinct pervaded all the transactions of every-day life. If a man desired to adopt a son, he attached much less importance to the latter's social status or personality than to the dimensions of his fortune, and thus it came about that the family names of petty feudatories were freely bought and sold. Yoshimune strictly interdicted this practice, but his veto had no efficiency; wealthy farmers or merchants freely purchased their way into titled families. From this abuse to extortion of money by threats the interval was not long, and the outcome, where farmers were victims, took the form of agrarian riots. It was to the merchants, who stood between the farmers and the samurai, that fortune offered conspicuously favourable opportunities in these circumstances. The tradesmen of the era became the centre of extravagance and luxury, so that in a certain sense the history of the Yedo Bakufu may be said to be the history of mercantile development.

INDUSTRIAL PROGRESS

Yoshimune devoted much attention to the encouragement of industrial progress. Deeming that a large import of drugs and sugar caused a ruinous drain of specie, he sent experts hither and thither through the country to encourage the domestic production of these staples as well as of vegetable wax. The feudatories, in compliance with his suggestion, took similar steps, and from this time tobacco growing in Sagami and Satsuma; the weaving industry in Kotsuke and Shimotsuke; sericulture in Kotsuke, Shinano, Mutsu, and Dewa; indigo cultivation in Awa; orange growing in Kii, and the curing of bonito in Tosa and Satsuma—all these began to flourish. Another feature of the time was the cultivation of the sweet potato at the suggestion of Aoki Konyo, who saw in this vegetable a unique provision against famine. Irrigation and drainage works also received official attention, as did the reclamation of rice-growing areas and the storing of cereals.

THE NINTH SHOGUN, IESHIGE

In 1745, Yoshimune resigned his office to his son, Ieshige, who, having been born in 1702, was now in his forty-third year. Yoshimune had three sons, Ieshige, Munetake, and Munetada. Of these the most promising was the second, Munetake, whose taste for literature and military art almost equalled his father's. Matsudaira Norimura, prime minister, recognizing that Ieshige, who was weak, passionate, and self-willed, would not be able to fill worthily the high office of shogun, suggested to Yoshimune the advisability of nominating Munetake. But Yoshimune had his own programme. Ieshige's son, Ieharu, was a very gifted youth, and Yoshimune reckoned on himself retaining the direction of affairs for some years, so that Ieshige's functions would be merely nominal until Ieharu became old enough to succeed to the shogunate.

Meanwhile, to prevent complications and avert dangerous rivalry, Yoshimune assigned to Munetake and Munetada residences within the Tayasu and Hitotsubashi gates of the castle, respectively, gave the names of these gates as family titles, and bestowed on each a revenue of one hundred thousand koku, together with the privilege of supplying an heir to the shogunate in the event of failure of issue in the principal house of Tokugawa or in one of the "Three Families." The shogun, Ieshige, followed the same plan with his son, Yoshishige, and as the latter's residence was fixed within the Shimizu gate, there came into existence "Three Branch Families" called the Sankyo, in supplement of the already existing Sanke.*

*The present Princes Tokugawa are the representatives of the main line of the shogun; the Marquises Tokugawa, representatives of the Sanke, and the Counts Tokugawa, of the Sankyo.

Of course, the addition of the Shimizu family had the approval of Yoshimune. In fact, the whole arrangement as to the Sankyo was an illustration of his faithful imitation of the institutions of Ieyasu. The latter had created the Sanke, and Yoshimune created the Sankyo; Ieyasu had resigned in favour of his son and had continued to administer affairs from Sumpu, calling himself 0-gosho; Yoshimune followed his great ancestor's example in all these respects except that he substituted the western part of Yedo Castle for Sumpu. Ieshige's most salient characteristic was a passionate disposition. Men called him the "short-tempered shogun" (kanshaku kubo). He gave himself up to debauchery, and being of delicate physique, his self-indulgence quickly undermined his constitution. So long as Yoshimune lived, his strong hand held things straight, but after his death, in 1751, the incompetence of his son became very marked. He allowed himself to fall completely under the sway of his immediate attendants, and, among these, Tanuma Okitsugu succeeded in monopolizing the evil opportunity thus offered. During nearly ten years the reforms effected by Yoshimune steadily ceased to be operative, and when Ieshige resigned in 1760, the country had fallen into many of the bad customs of the Genroku era.

THE TENTH SHOGUN, IEHARU

After his abdication in 1760, Ieshige survived only fourteen months, dying, in 1761, at the age of fifty-one. He was succeeded, in 1760, by his son, Ieharu, who, having been born in 1737, was twenty-three years old when he began to administer the country's affairs. One of his first acts was to appoint Tanuma Okitsugu to be prime minister, bestowing on him a fief of fifty-seven thousand koku in the province of Totomi, and ordering him to construct a fortress there. At the same time Okitsugu's son, Okitomo, received the rank of Yamato no Kami and the office of junior minister. These two men became thenceforth the central figures in an era of maladministration and corruption. So powerful and all-reaching was their influence that people were wont to say, "Even a bird on the wing could not escape the Tanuma." The shogun was not morally incapable, but his intelligence was completely overshadowed by the devices of Okitsugu, who took care that Ieharu should remain entirely ignorant of popular sentiment. Anyone attempting to let light into this state of darkness was immediately dismissed. It is related of a vassal of Okitsugu that he was found one day with three high officials of the shogun's court busily engaged in applying a moxa to his foot. The three officials knew that their places depended on currying favour with this vassal; how much more, then, with his master, Okitsugu! Everything went by bribery. Justice and injustice were openly bought and sold. Tanuma Okitsugu was wont to say that human life was not so precious as gold and silver; that by the liberality of a man's gifts his sincerity might truly be gauged, and that the best solace for the trouble of conducting State affairs was for their administrator to find his house always full of presents.

Ieharu, however, knew nothing of all this, or anything of the natural calamities that befell the country under his sway—the eruption of the Mihara volcano, in 1779, when twenty feet of ashes were piled over the adjacent country through an area of several miles; the volcanic disturbance at Sakura-jima, in Osumi, which took place about the same time and ended in the creation of several new islands; the outbreak of the Asama crater, in 1783, when half the provinces of the Kwanto were covered with ashes; and the loss of forty thousand lives by a flood in the Tone-gawa. Of all these visitations the shogun remained uninformed, and, in spite of them, luxury and extravagance marked the lives of the upper classes. Many, however, were constrained to seek loans from wealthy merchants in Osaka, and these tradesmen, admonished by past incidents, refused to lend anything. At last the intolerable situation culminated in a deed of violence. In April, 1784, Sano Masakoto, a hereditary vassal of the shogun, drew his sword upon Okitsugu within the precincts of the castle in Yedo and wounded him severely. Masakoto was seized and sentenced to commit suicide, but the justice of his attempt being recognized, the influence of Okitsugu and his son began to decline. Two years later (1786), there appeared a decree in the name of the Bakufu, ordering that the temples in all the provinces, the farmers, the artisans, and the merchants should send their gold and silver every spring to the Central Government, to the end that the latter might lend this treasure to the feudatories, who would pledge themselves to pay it back after five years.*

*The funds thus obtained were called yuzu-kin (accommodation money).

There is reason to believe that the shogun himself knew nothing of this ordinance until a multitude of complaints and remonstrances found their way, in part, to his ears. At all events, the extraordinary decree proved to be the last act of Okitsugu's official life. He was dismissed from office, though whether the credit of that step belongs to the Sanke and the elder officials or to the shogun, is not certain, for Ieharu is said to have died just before the final disgrace of the corrupt statesman was consummated. The Yedo upon which he closed his eyes in October, 1786, presented features of demoralization unsurpassed in any previous era. In fact, during the period of forty-one years between the accession of the ninth shogun, Ieshige, in 1745, and the death of the tenth, Ieharu, in 1786, the manners and customs of the citizens developed along very evil lines. It was in this time that the city Phryne (machi-geisha) made her appearance; it was in this time that the theatre, which had hitherto been closed to the better classes, began to be frequented by them; it was in this time that gambling became universal; it was in this time that parents learned to think it an honour to see their daughters winning favour as dancing girls, and it was in this time that the samurai's noble contempt for money gave place to the omnipotence of gold in military and civil circles alike.

THE IMPERIAL COURT. THE 113TH SOVEREIGN, THE EMPEROR HIGASHIYAMA (A.D. 1687-1710)

In 1687, the Emperor Reigen abdicated in favour of Higashiyama, then a boy of thirteen, Reigen continuing to administer affairs from behind the curtain as was usual. Tsunayoshi was then the shogun in Yedo. He showed great consideration for the interests of the Imperial Court. Thus, he increased his Majesty's allowance by ten thousand koku of rice annually, and he granted an income of three thousand koku to the ex-Emperor. Moreover, all the Court ceremonies, which had been interrupted for want of funds, were resumed, and steps were taken to repair or rebuild the sepulchres of the sovereigns throughout the empire.

RELATIONS BETWEEN THE FEUDATORIES AND THE COURT NOBLES

According to a rule made in the beginning of the Tokugawa dynasty, a lady of Tokugawa lineage was forbidden to marry a Court noble, but the shogun himself was expected to take a consort from one of the noble houses in the Imperial capital. From the days of Iemitsu this latter custom was steadily maintained, and gradually the feudatories came to follow the shogun's example, so that marriages between military magnates and noble ladies of Kyoto Were frequent. To these unions the Court nobles were impelled by financial reasons and the military men by ambition. The result was the gradual formation of an Imperial party and of a Bakufu party in Kyoto, and at times there ensued sharp rivalry between the two cliques. In the days of the seventh shogun, Ietsugu, the Emperor Reigen would have given his daughter Yaso to be the shogun's consort for the purpose of restoring real friendship between the two Courts, but the death of the shogun in his boyhood interrupted the project.

THE 114TH SOVEREIGN, THE EMPEROR NAKANOMIKADO (A.D. 1710-1735)

Higashiyama abdicated (1710) in favour of Nakanomikado, who reigned for twenty-five years. This reign is remarkable for a change in the system hitherto uniformly pursued, namely, that all Imperial princes with the exception of the direct heir should become Buddhist priests (ho-shinnd), and all princesses except those chosen as consorts of the shoguns, should become Buddhist nuns (bikuni-gosho). It has already been shown that this custom found many followers in the days of Ashikaga administration, and it was observed with almost equal strictness under the Tokugawa, who certainly aimed at the gradual weakening of the Imperial household's influence. Arai Hakuseki remonstrated with the shogun, Ienobu, on the subject. He contended that however humble a man's lot may be, his natural desire is to see his children prosper, whereas in the case of Imperial princes, they were condemned to the ascetic career of Buddhist priests. He denounced such a system as opposed to the instincts of humanity, and he advised not only that certain princes should be allowed to form families of their own, but also that Imperial princesses should marry into branches of the Tokugawa. Ienobu is said to have acknowledged the wisdom of this advice, and its immediate result was the establishment of the princely house of Kanin, which, with the houses of Fushimi, Kyogoku (afterwards Katsura), and Arisugawa, became the four Shinnoke. Among other privileges these were designated to furnish an heir to the throne in the event of the failure of direct issue. When Yoshimune succeeded to the headship of the Bakufu, and after Arai Hakuseki was no longer in office, this far-seeing policy was gradually abandoned, and all the relations between the Imperial Court and the Bakufu became somewhat strained.

THE 115TH SOVEREIGN, THE EMPEROR SAKURAMACHI (A. D, 1732-1735), AND THE 116TH SOVEREIGN, THE EMPEROR MOMOZONO (A.D. 1735-1762)

After the death of the ex-Emperor Reigen (1732), the Emperor Nakanomikado administered affairs himself during three years, and then abdicated in 1735 in favour of Sakuramachi, who was sixteen years of age, and who reigned until 1747, when he abdicated in favour of Momozono, then seven years of age. It was in this reign that there appeared an eminent scholar, Yamazaki Ansai, who, with his scarcely less famous pupil, Takenouchi Shikibu, expounded the Chinese classics according to the interpretation of Chutsz. They sought to combine the cults of Confucianism and Shinto, and to demonstrate that the Mikados were descendants of gods; that everything possessed by a subject belonged primarily to the sovereign, and that anyone opposing his Majesty's will must be killed, though his brothers or his parents were his slayers. The obvious effect of such doctrines was to discredit the Bakufu shoguns, and information having ultimately been lodged in Yedo through an enemy of Takenouchi, seventeen Court nobles together with others were arrested and punished, some capitally and some by exile. Among those executed the most remarkable was Yamagata Daini, a master of military science, who, having endured the torture without confession, was finally put to death on the ground that in teaching the method of attacking a fortress he used drawings of Yedo Castle. This incident is remarkable as indicating the first potent appearance of a doctrine to the prevalence of which the fall of the Tokugawa Bakufu was ultimately referable.

THE 117TH SOVEREIGN, THE EMPRESS GO-SAKURAMACHI (A.D. 1762-1770), AND THE 118TH SOVEREIGN, THE EMPEROR GO-MOMOZONO (A.D. 1770-1780)

The Emperor Momozono died in 1762 after having administered the Government for sixteen years. His eldest son, Prince Hidehito, being a mere baby, it was decided that Princess Tomo, Momozono's elder sister, should occupy the throne, Prince Hidehito becoming the Crown Prince. Her Majesty is known in history as Go-Sakuramachi. Her reign lasted only eight years, and in 1770 she abdicated in favour of her nephew, Hidehito, who ascended the throne as the Emperor Go-Momozono and died after a reign of nine years. This exhausted the lineal descendants of the Emperor Nakanomikado.

THE 119TH SOVEREIGN, THE EMPEROR KOKAKU (A.D. 1780-1816)

In default of a direct heir it became necessary to have recourse to one of the "Four Princely Families," and the choice fell upon Prince Tomohito, representing the Kanin house. He succeeded as Kokaku, and a Japanese historian remarks with regard to the event and to the growth of the spirit fostered by Yamazaki Ansai, Takenouchi Shikibu, and Yamagata Daini, that "the first string of the Meiji Restoration lyre vibrated at this time in Japan." Kokaku's reign will be referred to again later on.

ENGRAVING: (Keyari) SPEAR CARRIER (One of a Daimyo's Procession)

ENGRAVING: PICKING TEA LEAVES IN UJI, A CELEBRATED TEA DISTRICT



CHAPTER XLI

THE LATE PERIOD OF THE TOKUGAWA BAKUFU.

THE ELEVENTH SHOGUN, IENARI. (1786-1838)

NATURAL CALAMITIES

THE misgovernment of Tanuma and his son was not the only calamity that befell the country during the closing years of the tenth shogun, Ieharu's, administration. The land was also visited by famine and pestilence of unparallelled dimensions. The evil period began in 1783 and lasted almost without intermission for four years. It is recorded that when the famine was at its height, rice could not be obtained in some parts of the country for less than forty ryo a koku. Sanguinary riots took place in Yedo, Kyoto, Osaka, and elsewhere. The stores of rice-merchants and the residences of wealthy folks were plundered and, in many cases, destroyed. To such extremities were people driven that cakes made from pine-tree bark served as almost the sole means of subsistence in some districts, and the Government is found gravely proclaiming that cakes made of straw were more nutritious. There are records of men deserting their families, wandering into other provinces in search of food and dying by thousands on the way. An official who had been sent to Matsumae, in the province of Mutsu, to observe the state of affairs, reported that the villages to the east of Nambu had been practically depopulated and the once fertile fields converted into barren plains. "Although farmhouses stood in the hamlets, not a solitary person was to be seen on the road; not a human voice was to be heard. Looking through a window, one saw dead bodies lying without anyone to bury them, and sometimes skeletons covered with quilts reposed on the mats, while among the weeds countless corpses were scattered."

THE ELEVENTH SHOGUN, IENARI

Among these terrible conditions the tenth shogun, Ieharu died, in 1786, and was succeeded by Ienari, a son of Hitotsubashi Harunari and a great-grandson of Yoshimune. Ienari was in his fifteenth year, and, of course, at such a tender age he could not possibly deal with the financial, economic, and administrative problems that presented themselves at this, the darkest period of Tokugawa sway. Fortunately a man of genius was found to grapple with the situation. Matsudaira Sadanobu, son of Tayasu Munetake and grandson of Yoshimune, proved himself one of the most capable administrators Japan had hitherto produced. In 1788, he was appointed prime minister, assisted by a council of State comprising the heads of the three Tokugawa families of Mito, Kii, and Owari. Sadanobu was in his thirtieth year, a man of boundless energy, great insight, and unflinching courage. His first step was to exorcise the spectre of famine by which the nation was obsessed. For that purpose he issued rules with regard to the storing of grain, and as fairly good harvests were reaped during the next few years, confidence was in a measure restored. The men who served the Bakufu during its middle period in the capacity of ministers had been taken almost entirely from the families of Ii, Sakai, and Hotta, but none of them had shown any marked ability; they had allowed their functions to be usurped by the personal attendants of the shogun. This abuse was remedied by the appointment of the heads of the three Tokugawa families to the post of ministers, and for a time Sadanobu received loyal and efficient support from his colleagues.

CONFLAGRATION IN KYOTO

The series of calamities which commenced with the tempests, floods, and famines of 1788 culminated in a fire such as never previously had swept Kyoto. It reduced to ashes the Imperial palace, Nijo Castle, 220 Shinto shrines, 128 Buddhist temples, and 183,000 houses. The loss of life (2600) was not by any means as severe as that in the great fire of Yedo, but the Imperial city was practically destroyed. Ishikawa Jinshiro, who commanded at Nijo Castle, immediately distributed a thousand koku of rice from the Government's store to relieve the distressed citizens. He acted in this matter without waiting to seek sanction from the Bakufu, and his discretion was rewarded by appointment to the high office of inspector-general of police (o-metsuke).

The problem of restoring the palace presented much difficulty in the impoverished state of the country, but the Bakufu did not hesitate to take the task in hand, and to issue the necessary requisitions to the feudatories of the home provinces. Sadanobu himself repaired to Kyoto to superintend the work, and took the opportunity to travel throughout a large part of the country. During his tour all that had any grievances were invited to present petitions, and munificent rewards were bestowed on persons who had distinguished themselves by acts of filial piety or by lives of chastity. Such administrative measures presented a vivid contrast with the corrupt oppression practised by the Tanuma family, and it is recorded that men and women kneeled on the road as Sadanobu passed and blessed him with tears.

ENGRAVING: SANNO FESTIVAL OF TOKYO IN EARLY DAYS

SUMPTUARY REGULATIONS

Convinced that the most important step towards economic improvement was the practice of frugality, Sadanobu caused rules to be compiled and issued which dealt with almost every form of expenditure. He himself made a practice of attending at the castle wearing garments of the coarsest possible materials, and the minute character of his ordinances against extravagance almost taxes credulity.

Thus, he forbade the custom of exchanging presents between official colleagues; ordered that everyone possessing an income of less than ten thousand koku should refrain from purchasing anything new, whether clothing, utensils, or furniture; interdicted the wearing of white robes except on occasions of ceremony; ordained that wedding presents should henceforth be reduced by one-half, advised that dried lobsters should be substituted for fresh fish in making presents; prohibited the wearing of brocade or embroidered silk by ladies not of the highest class; enjoined simplicity in costumes for the no dance, in children's toys, in women's pipes, or tobacco-pouches, and in ladies' hairpins or hairdress; forbade gold lacquer in any form except to delineate family crests; limited the size of dolls; vetoed banquets, musical entertainments, and all idle pleasures except such as were justified by social status, and actually went to the length of ordering women to dress their own hair, dispensing entirely with professional Hairdressers, who were bade to change their occupation for tailoring or laundry work.

This remarkable statesman laboured for the ethical improvement of his countrymen as well as for their frugality of life. In 1789, we find him legislating against the multiplication of brothels, and, two years later, he vetoed mixed bathing of men and women. One of the fashions of the time was that vassals left in charge of their lords' mansions in Yedo used to organize mutual entertainments by way of promoting good-fellowship, but in reality for purposes of dissipation. These gatherings were strictly interdicted. Simultaneously with the issue of this mass of negative legislation, Sadanobu took care to bestow rewards and publish eulogies. Whoever distinguished himself by diligent service, by chastity, by filial piety, or by loyalty, could count on honourable notice.

THE KWANSEI VAGABONDS

During the Kwansei era (1789-1800), Yedo was infested by vagabonds, who, having been deprived of their livelihood by the famine during the years immediately previous, made a habit of going about the town in groups of from three to five men committing deeds of theft or incendiarism. Sadanobu, acting on the advice of the judicial officials, dealt with this evil by establishing a house of correction on Ishikawa Island. There homeless vagrants were detained and provided with work, those ignorant of any handicraft being employed as labourers. The inmates were fed and clothed by the Government, and set free after three years, their savings being handed to them to serve as capital for some occupation. The institution was placed under the care of Hasegawa Heizo, five hundred bags of rice and five hundred ryo being granted annually by the Bakufu for its support.

ADOPTION

It has been stated above that one of the abuses which came into large practice from the middle period of the Tokugawa Bakufu was the adoption of children of ignoble birth into samurai families in consideration of monetary payments by their parents. This mercenary custom was strictly interdicted by the Matsudaira regent, who justly saw in it a danger to the solidity of the military class. But it does not appear that his veto received full observance.

EDUCATION

Since the shogun Tsunayoshi (1680-1709) appointed Hayashi Nobuatsu as chief of Education in Yedo, and entrusted to him the conduct of the college called Seido, Hayashi's descendants succeeded to that post by hereditary right. They steadily followed the principles of Confucianism as interpreted by Chutsz, a Chinese philosopher who died in the year 1200, but in accordance with the inevitable fate of all hereditary offices, the lapse of generations brought inferiority of zeal and talent. During the first half of the seventeenth century, there appeared in the field of Japanese philosophy Nakaye Toju, who adopted the interpretation of Confucianism given by a later Chinese philosopher, Wang Yang-ming (1472-1529). At a subsequent date Yamaga Soko, Ito Jinsai, and Ogyu Sorai (called also Butsu Sorai) asserted the superiority of the ancient Chinese teaching; and finally Kinoshita Junan preached the rule of adopting whatever was good, without distinction of Tang or Sung.

These four schools engaged in vehement controversy, and showed such passion in their statements and such intolerance in their contradictions, that they seemed to have altogether forgotten the ethical principles underlying their own doctrines. In the last quarter of the eighteenth century, other schools came into being, one calling itself the "eclectic school," another the "inductive school," and so forth, so that in the end one and the same passage of the Confucian Analects received some twenty different interpretations, all advanced with more or less abuse and injury to the spirit of politeness.

In these circumstances the educational chief in Yedo lost control of the situation. Even among his own students there were some who rejected the teachings of Chutsz, and Confucianism threatened to become a stumbling-block rather than an aid to ethics. The prime minister, Sadanobu, now appointed four philosophers of note to assist the Hayashi family, and these famous teachers attended in turn at the Seido to lecture, commoners as well as samurai being allowed to attend. Sadanobu further directed that the heads of Government departments should send in a list of those best educated among their subordinates, and the men thus recommended were promoted after examination. Moreover, the prime minister himself, attended by his colleagues and the administrators, made a habit of inspecting personally, from time to time, the manner of teaching at the college, and finally, in 1795, the Seido was definitely invested with the character of a Government college, a yearly grant of 1130 koku being apportioned to meet the expenses, and an income of 1500 koku being bestowed upon the Hayashi family.

In the same year, it was decreed that no one should be eligible for a post in the civil service unless he was an avowed follower of the Chutsz philosophy. This bigoted measure, spoken of as the "prohibition of heterodoxy," did not produce the desired effect. It tended rather to accentuate the differences between the various schools, and a petition was presented to the Bakufu urging that the invidious veto should be rescinded. The petitioners contended that although the schools differed from each other, their differences were not material, since all stood on common foundations, namely, the doctrines of Confucius and Mencius, and all agreed in inculcating the virtues of filial piety, brotherly love, loyalty, humanity, righteousness, politeness, and general tranquillity.

THE PHILOSOPHIES OF CHUTSZ AND WANG YANG-MING

It will be interesting to pause here a moment in order to inquire briefly the nature of the philosophies which occupied Japanese thought throughout the seventeenth and the eighteenth centuries. We need not go beyond the schools of Chutsz and Wang Yang-ming, for the third, or "ancient," school adopted the teachings of Confucius and Mencius in their purity, rejecting all subsequent deductions from the actual words used by these sages. These two schools have been well distinguished as follows by a modern philosopher, Dr. Inouye Tetsujiro:

"(1) Chutsz maintained that it is necessary to make an extensive investigation of the world and its laws before determining what is the moral law. Wang held that man's knowledge of moral law precedes all study and that a man's knowledge of himself is the very highest kind of learning. Chutsz's method may be said to be inductive; Wang's, deductive.

"(2) The cosmogony of Chutsz was dualistic. All nature owed its existence to the Ri and Ki, the determining principle and the vital force of primordial aura that produces and modifies motion. Wang held that these two were inseparable. His teaching was therefore monistic.

"(3) Chutsz taught that the primary principle, Ri, and the mind of man were quite separate, and that the latter was attached to the Ki. Wang held that the mind of man and the principle of the universe were one and the same, and argued that no study of external nature was required in order to find out nature's laws. To discover these, man had only to look within his own heart. He that understands his own heart understands nature, says Wang.

"(4) Chutsz's system makes experience necessary in order to understand the laws of the universe, but Wang's idealism dispenses with it altogether as a teacher.

"(5) Chutsz taught that knowledge must come first and right conduct after. Wang contended that knowledge and conduct cannot be separated. One is part of the other. Chutsz may be said to exalt learned theories and principles, and Wang to extol practice.

"The moral results of the systems briefly stated were as follows: Chutsz 'a teaching produced many learned men in this country, but not infrequently these men were inferior, being narrow-minded, prejudiced, and behind the age. Wang's doctrines, on the other hand, while they cannot escape the charge of shallowness on all occasions, serve the moral purpose for which they were propagated better than those of the rival school. Though in the ranks of the Japanese followers of Chutsz there were numbers of insignificant, bigoted traditionalists, the same cannot be said of those who adopted Wang's views. They were as a class fine specimens of humanity, abreast, if not ahead, of the age in which they lived. No system of teaching has produced anything approaching such a number of remarkable men. If a tree is to be judged by its fruit, Wang's philosophy in Japan must be pronounced one of the greatest benefits that she received from the neighbouring continent, though not a little of its power in this country is to be traced to the personality of the man who was the first to make it thoroughly known to his fellow countrymen, Nakaye Toju."*

*See Professor Walter Dening's brochure on Confucian Philosophy in Japan.

Dr. Inouye adds: "By exclusive attention to the dictates of conscience and by sheer force of will the Wang school of philosophers succeeded in reaching a standard of attainment that served to make them models for posterity. The integrity of heart preached by his followers in Japan has become a national heritage of which all Japanese are proud. In the West, ethics has become too exclusively a subject of intellectual inquiry, a question as to which of rival theories is the most logical. By the Japanese, practical virtue has been exalted to the pedestal of the highest honour."

The same authority, discussing the merits of the Chutsz school, says: "To the question which has so often been asked during the past few years, whence comes the Japanese fine ethical standard, the answer is that it undoubtedly originated with the teaching of Chutsz as explained, modified, and carried into practice in Japan. The moral philosophy of the Chutsz school in Japan compared with that of the other two schools was moderate in tone, free from eccentricities, and practical in a rare degree. In the enormous importance it attached to self-culture and what is known in modern terminology as self-realization, the teaching of the Chutsz school of Japanese moralists differed in no material respects from the doctrines of the New Kantians in England."

RETIREMENT OF SADANOBU

After six years of most enlightened service, Matsudaira Sadanobu resigned office in 1793 to the surprise and consternation of all truly patriotic Japanese. History is uncertain as to the exact cause of his retirement, but the explanation seems to be, first, that his uncompromising zeal of reform had earned him many enemies who watched constantly for an opportunity to attack him, and found it during his absence on a visit to inspect the coasts of the empire with a view to enforcing the veto against foreign trade; and secondly, that a question of prime importance having arisen between the Courts of Kyoto and Yedo, Sadanobu's influence was exercised in a manner deeply resented by the sovereign as well as by the loyalists throughout the empire. This important incident will be presently referred to in detail. Here it will suffice to state that Sadanobu did not retire in disgrace. He was promoted to the rank of general of the Left, which honour was supplemented by an invitation to attend at the castle on State occasions. He chose, however, to live in retirement, devoting himself to the administration of his own domain and to literary pursuits. The author of several well-known books, he is remembered by his pen-name, Rakuo, almost as constantly as by his historical, Sadanobu. He died in 1829, at the age of seventy-two.

HITOTSUBASHI HARUNARI

After Sadanobu's resignation of the post of prime minister, the shogun's father, Hitotsubashi Harunari, moved into the western citadel of Yedo Castle, and thenceforth the great reforms which Sadanobu had effected by the force of genius and unflagging assiduity, were quickly replaced by an age of retrogression, so that posterity learned to speak of the prodigality of the Bunka and Bunsei eras (1804-1829), instead of the frugality of the Kwansei (1789-1800). As for the shogun, Ienari, he received from the Throne the highest rank attainable by a subject, together with the office of daijo-daijin. Such honour was without precedent since the time of Ieyasu. Ienari had more than fifty daughters, all born of different mothers, from which fact the dimensions of his harem may be inferred.

THE 119TH SOVEREIGN, THE EMPEROR KOKAKU (A.D. 1780-1816)

The Emperor Kokaku ascended the throne in 1780 and abdicated in 1816. He was undoubtedly a wise sovereign and as a classical scholar he won considerable renown. After reigning for thirty-six years, he administered State affairs from the Palace of Retirement during twenty-four, and throughout that long interval of sixty years, the country enjoyed profound peace. The period of Sadanobu's service as prime minister of the Bakufu coincided with the middle of Kokaku's reign, and in those days of happiness and prosperity men were wont to say that with a wise sovereign in the west a wise subject had appeared in the east. Up to that time the relations between Kyoto and Yedo were excellent, but Sadanobu's resignation and the cause that led to it produced between the two Courts a breach which contributed materially, though indirectly, to the ultimate fall of the Tokugawa.

REBUILDING OF THE IMPERIAL PALACE

It has already been noted that after the great fire of 1788, the Bakufu, acting, of course, at the instance of their prime minister, ordered Sadanobu to supervise the work of reconstructing the Imperial palace. Since the days of Oda and Toyotomi, the palace had been rebuilt or extensively repaired on several occasions, but always the plans had been too small for the requirements of the orthodox ceremonials. Sadanobu determined to correct this fault. He called for plans and elevations upon the bases of those of the tenth century, and from the gates to the roofs he took care that everything should be modelled on the old lines. The edifices are said to have been at once chaste and magnificent, the internal decorations being from the brushes of the best artists of the Tosa and Sumiyoshi Academies. Sealed estimates had been required from several leading architects, and Sadanobu surprised his colleagues by awarding the work to the highest bidder, on the ground that cheapness could not consist with true merit in such a case, and that any thought of cost would evince a want of reverence towards the Imperial Court. The buildings were finished in two years, and the two Emperors, the reigning and the retired, took up their residence there. His Majesty Kokaku rewarded the shogun with an autograph letter of thanks as well as a verse of poetry composed by himself, and on Sadanobu he conferred a sword and an album of poems. The shogun Ienari is said to have been profoundly gratified by this mark of Imperial favour. He openly attributed it to Sadanobu's exertions, and he presented to the latter a facsimile of the autograph letter.

THE TITLE TROUBLE

In the very year (1791) following the Emperor's entry into the new palace, a most untoward incident occurred. Up to that time the relations between the Courts of Kyoto and Yedo had left nothing to be desired, but now a permanent breach of amity took place. The sovereign was the son of Prince Tsunehito, head of the Kanin family. This prince, in spite of his high title, was required by Court etiquette to sit below the ministers of State on ceremonial occasions in the palace. Such an order of precedence offended the sovereign, and his Majesty proposed that the rank of dajo tenno should be given to his father, thus placing him in the position of a retired Emperor. Of course it was within the prerogative of the Emperor to confer titles. The normal procedure would have been to give the desired rank to Prince Tsunehito, and then to inform the Bakufu of the accomplished fact. But, in consideration of the very friendly relations existing between the two Courts, the sovereign seems to have been unwilling to act on his own initiative in a matter of such importance.

Yedo was consulted, and to the surprise of Kyoto, the Bakufu prime minister assumed an attitude hostile to the Court's desire. The explanation of this singular act on Sadanobu's part was that a precisely analogous problem perplexed Yedo simultaneously. When Ienari was nominated shogun, his father, Hitotsubashi Harunari, fully expected to be appointed guardian of the new potentate, and being disappointed in that hope, he expressed his desire to receive the title of o-gosho (retired shogun), so that he might enter the western citadel of Yedo Castle and thence administer affairs as had been done by ex-Emperors in Kyoto for hundreds of years, and by ex-shoguns on several occasions under the Tokugawa. Disappointed in this aspiration, Harunari, after some hesitation, invited the attention of the shogun to the fact that filial piety is the basis of all moral virtues, and that, whereas the shogun's duty required him to set a good example to the people, he subjected his own father to unbecoming humiliation, Ienari referred the matter to the State council, but the councillors hesitated to establish the precedent of conferring the rank of o-gosho on the head of one of the Sankyo families—Tayasu, Shimizu, and Hitotsubashi—who had never discharged the duties of shogun.

The prime minister, Sadanobu, however, had not a moment's hesitation in opposing Harunari's project. He did, indeed, order a well-known Confucian scholar to search the annals in order to find whether any precedent existed for the proposed procedure, either in Japan or in China, but he himself declared that if such an example were set in the shogun's family, it might be the cause of grave inconvenience among the people. In other words, a man whose son had been adopted into another family might claim to be regarded as the head of that family in the event of the death of the foster-father. It is certain, however, that other and stronger reasons influenced the Bakufu prime minister. Hitotsubashi Harunari was generally known as Wagamama Irikyo (the Wayward Recluse*). His most intimate friends were the shogun's father-in-law, Shimazu Ei-O, and Ikeda Isshinsai. The latter two were also inkyo and shared the tastes and foibles of Harunari. One of their greatest pleasures was to startle society. Thus, when Sadanobu was legislating with infinite care against prodigality of any kind, the above three old gentlemen loved to organize parties on an ostentatiously extravagant scale, and Sadanobu naturally shrank from seeing the title of o-gosho conferred on such a character, thus investing him with competence to interfere arbitrarily in the conduct of State affairs.

*It has always been a common custom in Japan for the head of a family to retire nominally from active life after he attains his fiftieth year. He is thenceforth known as inkyo (or recluse). The same is true of women.

Just at this time, the Court in Kyoto preferred its application, and Sadanobu at once appreciated that if the rank of dajo tenno were conferred on Prince Tsunehito, it would be impossible to withhold that of o-gosho from Harunari. Consequently the Bakufu prime minister wrote privately to the Kyoto prime minister, Takatsukasa Sukehira, pointing out the inadvisability of the proposed step. This letter, though not actually an official communication, had the effect of shelving the matter for a time, but, in 1791, the Emperor re-opened the question, and summoned a council in the palace to discuss it. The result was that sixty-five officials, headed by the prime minister and the minister of the Right, supported the sovereign's views, but the ex-premier, Takatsukasa Sukehira, and his son, the minister of the Left, with a few others, opposed them.

The proceedings of this council with an autograph covering-letter from the sovereign were sent to the Bakufu, in 1792, but for a long time no answer was given. Meanwhile Prince Tsunehito, already an old man, showed signs of declining health, and the Imperial Court pressed Yedo to reply. Ultimately the Bakufu officially disapproved the project. No statement of reasons accompanied the refusal, but it was softened by a suggestion that an increase of revenue might be conferred on the sovereign's father. This already sufficiently contumelious act was supplemented by a request from the Bakufu that the Imperial Court should send to Yedo the high secretary and the chief of the Household. Unwillingly the Court complied, and after hearing the arguments advanced by these two officials, Sadanobu sentenced them to be placed in confinement for a hundred days, and fifty days, respectively, which sentence was carried out at the temple Seisho-ji in Yedo, and the two high officials were thereafter sent back to Kyoto under police escort. Ultimately they were both dismissed from office, and all the Court dignitaries who had supported the sovereign's wishes were cautioned not to associate themselves again with such "rash and unbecoming acts." It can scarcely be denied that Sadanobu exercised his power in an extreme and unwise manner on this occasion. A little recourse to tact might have settled the matter with equal facility and without open disrespect to the Throne. But the Bakufu prime minister behaved after the manner of the deer-stalker of the Japanese proverb who does not see the mountain, and he thus placed in the hands of the Imperialist party a weapon which contributed materially to the overthrow of the Bakufu seventy years later.

ENGRAVING: YO-MEI-MON GATE, AT NIKKO



CHAPTER XLII

ORGANIZATION, CENTRAL AND LOCAL; CURRENCY AND THE LAWS OF THE TOKUGAWA BAKAFU

THE ORGANIZATION OF THE TOKUGAWA BAKUFU

THE organization of the Tokugawa Bakufu cannot be referred to any earlier period than that of the third shogun, Iemitsu. The foundations indeed were laid after the battle of Sekigahara, when the administrative functions came into the hands of Ieyasu. By him a shoshidai (governor) was established in Kyoto together with municipal administrators (machi bugyo). But it was reserved for Iemitsu to develop these initial creations into a competent and consistent whole. There was, first, what may be regarded as a cabinet, though the name of its members (roju, or seniors) does not suggest the functions generally discharged by ministers of State. One of the roju was appointed to the post of dairo (great senior). He corresponded to the prime minister in a Western Cabinet, and the other roju may be counted as ministers. Then there were junior ministers, and after them came administrators of accounts, inspectors, administrators of shrines and temples, and municipal administrators. The place where State business was discharged went by the name of Go-Yo-beya. There, the senior and junior ministers assembled to transact affairs, and the chamber being situated in the immediate vicinity of the shogun's sitting-room, he was able to keep himself au courant of important administrative affairs. During the time of the fifth shogun, however, as already related, this useful arrangement underwent radical alteration. As for judicial business, there did not originally exist any special place for its transaction. A chamber in the official residence was temporarily assigned for the purpose, but at a later date a court of justice (Hyojo-sho) was established at Tatsunokuchi in Yedo. This organization, though carried within sight of completion in the days of the third shogun, required to be supplemented by the eighth, and was not actually perfected until the time of the eleventh.

THE DAIRO

The duties of the dairo—sometimes called karo or o-doshiyori—were to preside over the roju and to handle important administrative affairs. In many respects his functions resembled those discharged by the regent (shikken) of the Kamakura Bakufu. To the office of dairo a specially distinguished member of the roju was appointed, and if no one possessing the necessary qualifications was available, that post had to be left vacant. Generally the Ii, the Hotta, or the Sakai family supplied candidates for the office.

THE ROJU

The roju or senior ministers—called also toshiyori—discharged the administration. They resembled the kwanryo of the Muromachi Government. There were five of these ministers and they exercised control over all matters relating to the Imperial palace, the palace of the ex-Emperor (Sendo), the Imperial princes, the princely abbots (monzeki) and all the daimyo. It was customary to choose the roju from among officials who had previously served as governors of Osaka or Kyoto or as soshaban, who will be presently spoken of at greater length.

THE WAKA-DOSHIYORI

There were five junior ministers (waka-doshiyori) whose principal functions were to exercise jurisdiction over the hatamoto and the kenin. These latter names have already been alluded to, but for the sake of clearness it may be well to explain that whereas the fudai daimyo consisted of the one hundred and seventy-six barons who joined the standard of Ieyasu before the battle of Sekigahara, the hatamoto (bannerets), while equally direct vassals of the shogun, were lower than the daimyo though higher than the go-kenin, who comprised the bulk of the Tokugawa samurai. Members of the waka-doshiyori might at any time be promoted to the post of roju. Their functions were wide as well as numerous, and resembled those performed by the Hyojo-shu and the hikitsuke-shu of the Kamakura and Muromachi Governments. A junior minister must previously have occupied the post of administrator of temples and shrines (jisha-bugyo) or that of chamberlain (o-soba-shu) or that of chief guard (o-ban). The offices of minister and junior minister were necessarily filled by daimyo who were hereditary vassals of the shogun.

SECRETARIES

There were two secretariats, the oku-yuhitsu (domestic secretariat) and the omote-yuhitsu (external secretariat). They discharged, on account of the senior ministers, the duties of scribes, and were presided over by a todori, who, in later days, wielded large influence.

THE JISHA-BUGYO

The jisha-bugyo, as their name suggests, supervised all affairs relating to shrines, temples, Shinto officials, bonzes, and nuns as well as persons residing within the domains of shrines and temples. They also discharged judicial functions in the case of these various classes. The number of these administrators of shrines and temples was originally three, but afterwards it was increased to four, who transacted business for a month at a time in succession. The soshaban, who were entitled to make direct reports to the shogun, had to fill the office of jisha-bugyo in addition to their other functions, which were connected with the management of matters relating to ceremony and etiquette.

At first there were only two of these soshaban, but subsequently their number was increased to twenty-four, and it became customary for one of them to keep watch in the castle at night. They were generally ex-governors of Osaka and Fushimi, and they were necessarily daimyo who had the qualification of direct vassalage to the shogun. The jisha-bugyo performed their judicial functions in their own residences, each administrator employing his own vassals for subordinate purposes, and these vassals, when so employed, were distinguished as jisha-yaku or toritsugi. Further, officiating in conjunction with the jisha-bugyo f were chief inspectors (daikenshi), and assistant inspectors (shokenshi) whose duties require no description. The classes of people to whom the jisha-bugyo's jurisdiction extended were numerous: they embraced the cemetery-keepers at Momiji-yama, the bonzes, the fire-watchmen, the musicians, the Shinto officials, the poets, the players at go or chess, and so forth.

THE MACHI-BUGYO

The municipal administrator (machi-bugyo) controlled affairs relating to the citizens in general. This was among the oldest institutions of the Tokugawa, and existed also in the Toyotomi organization. At first there were three machi-bugyo, but when the Tokugawa moved to Yedo, the number was decreased to one, and subsequently increased again to two in the days of Iemitsu. Judicial business occupied the major part of the machi-bugyo's time. His law-court was in his own residence, and under his direction constables (yoriki or doshiri) patrolled the city. He also transacted business relating to prisons and the municipal elders of Yedo (machi-doshiyori) referred to him all questions of a difficult or serious nature.

THE KANJO-BUGYO

The financial administrator (kanjo-bugyo) received also the appellation of kitchen administrator (daidokoro-bugyo), and his duties embraced everything relating to the finance of the Bakufu, including, of course, their estates and the persons residing on those estates. The eight provinces of the Kwanto were under the direct control of this bugyo, but other districts were administered by a daikwan (deputy). There were two kinds of kanjo-bugyo, namely, the kuji-kata and the katte-kata (public and private), the latter of whom had to adjudicate all financial questions directly affecting the Bakufu, and the former had to perform a similar function in cases where outsiders were concerned. Various officials served as subordinates of these important bugyo, who were usually taken from the roju or the waka-doshiyori, and, in the days of the sixth shogun, it was found necessary to appoint an auditor of accounts (kanjo-gimmiyaku), who, although nominally of the same rank as the kanjo-bugyo, really acted in a supervisory capacity. The Bakufu court of law was the Hyojo-sho. Suits involving issues that lay entirely within the jurisdiction of one bugyo were tried by him in his own residence, but where wider interests were concerned the three bugyo had to conduct the case at the Hyojo-sho, where they formed a collegiate court. On such occasions the presence of the censors was compulsory. Sometimes, also, the three bugyo met at the Hyojo-sho merely for purposes of consultation.

THE CENSORS

An important figure in the Tokugawa organization was the censor (metsuke), especially the great censor (o-metsuke). The holder of the latter office served as the eyes and ears of the roju and supervised the feudal barons. There were four or five great censors. One of them held the additional office of administrator of roads (dochu-bugyo), and had to oversee matters relating to the villages, the towns, and the postal stations along the five principal highways. Another had to inspect matters relating to religious sects and firearms—a strange combination. Under the great censors were placed administrators of confiscated estates. The ordinary censors had to exercise surveillance over the samurai of the hatamoto and were under the jurisdiction of the waka-doshiyori. There were altogether sixty metsuke, and they travelled constantly throughout the empire obtaining materials for reports which were submitted to the waka-doshiyori. Among them are found censors who performed the duties of coroners.*

*The employment of censors by the Bakufu has been severely criticized as indicating a system of espionage. It scarcely seems necessary to observe that the same criticism applies to all highly organized Occidental Governments with their secret services, their detectives and their inquiry agencies.

THE CHAMBERLAINS

Even more important than the censors were the chamberlains (soba yonin) who had to communicate to the shogun all reports submitted by the roju, and to offer advice as to the manner of dealing with them. They also noted the shogun's decisions and appended them to documents. The exercise of these functions afforded opportunities for interfering in administrative affairs, and such opportunities were fully utilized, to the great detriment of public interest. There were also pages (kosho); castle accountants (nando); literati to the shogun (oku-jusha), and physicians (oku-isha).

MASTERS OF CEREMONIES

The duty of transmitting messages from the shogun to the Emperor and of regulating all matters of ceremony connected with the castle was discharged by fifteen masters of ceremonies (koke) presided over by four chiefs (the office of chief being hereditary in such families as the Osawa and the Kira) who, although their fiefs were comparatively small, possessed influence not inferior to that of the daimyo. A koke was usually on watch in the castle by day. These masters of ceremonies are not to be confounded with the chamberlains (soshaban) already spoken of. The latter numbered twenty-four. They regulated affairs connected with ceremonies in which all Government officials were concerned, and they kept watch at the castle by night. Subordinate to the koke and the chamberlains were various officials who conveyed presents from the feudal lords to the shogun; directed matters of decoration and furniture; had charge of miscellaneous works in the castle, and supervised all persons, male or female, entering or leaving the shogun's harem. Officials of this last class were under the command of a functionary called o-rusui who had general charge of the business of the harem; directed the issue of passports to men and women of the samurai class or to commoners, and had the care of all military stores in the castle. The name rusui signifies a person in charge during the absence of his master, and was applied in this case since the o-rusui had to guard the castle when the shogun was not present. The multifarious duties entrusted to officials over whom the o-rusui presided required a large number and a great variety of persons to discharge them, but these need not be enumerated in detail here.

THE TAMARIZUME

Characteristic of the elaborate etiquette observed at the shogun's castle was the existence of semi-officials called tamarizume, whose chief duty in ordinary times was to repair to the castle once every five days, and to inquire through the roju as to the state of the shogun's health. On occasions of emergency they participated in the administration, taking precedence of the roju and the other feudatories. The Matsudaira of Aizu, Takamatsu, and Matsuyama; the Ii of Hikone, and the Sakai of Himeji—these were the families which performed the functions of tamarizume as a hereditary right. It is unnecessary to describe the organization and duties of the military guards to whom the safety of the castle was entrusted, but the fact has to be noted that both men and officers were invariably taken from the hatamoto class.

THE WOMEN'S APARTMENTS

In the o-oku, or innermost buildings of the shogun's castle, the harem was situated. Its chief official was a woman called the o-toshiyori (great elder), under whom were a number of ladies-in-waiting, namely, the toshiyori, the rojo, the churo, the kojoro, and others. There were also ladies who attended solely to visitors; others who kept the keys; others who carried messages to public officers, and others who acted as secretaries. All this part of the organization would take pages to describe in detail,* and is necessarily abbreviated here. We may add, however, that there were official falconers, sailors, grooms, gardeners, and every kind of artist or mechanician.

*For fuller particulars of the manner of daily life at the shogun's court, see Chapter 1. Vol. IV, of Brinkley's "Oriental Series."

THE LOCAL GOVERNMENT SYSTEM

In organizing a system of local government the Tokugawa Bakufu began by appointing a shoshidai in Kyoto to guard the Imperial palace, to supervise Court officials, and to oversee financial measures as well as to hear suits-at-law, and to have control over temples and shrines. The shoshidai enjoyed a high measure of respect. He had to visit Yedo once in every five or six years for the purpose of making a report to the shogun in person. The municipal administrator of Kyoto and the administrators of Nara and Fushimi, the Kyoto deputy (daikwan), and all the officials of the Nijo palace were under the jurisdiction of the shoshidai. To qualify for this high office a man must have served as governor of Osaka. In the Imperial city the municipal administrator heard suits-at-law presented by citizens, managed the affairs of temples and shrines, and was responsible for collecting the taxes in the home provinces. There were two of these officials in Kyoto and, like their namesakes in Yedo, they had a force of constables (yoriki) and policemen (doshin) under their command.

THE JODAI

Regarded with scarcely less importance than that attaching to the shoshidai was an official called the jodai of Osaka, on whom devolved the responsibility of guarding the Kwansei. For this office a hereditary daimyo of the Tokugawa family was selected, and he must previously have occupied the offices of soshaban and jisha-bugyo. The routine of promotion was from the jodai of Osaka to the shoshidai of Kyoto and from thence to the roju. Originally there were six jodai but their number was ultimately reduced to one. Sumpu also had a jodai, who discharged duties similar to those devolving on his Osaka namesake. In Nagasaki, Sado, Hakodate, Niigata, and other important localities, bugyo were stationed, and in districts under the direct control of the Bakufu the chief official was the daikwan.

ADMINISTRATION IN FIEFS

The governmental system in the fiefs closely resembled the system of the Bakufu. The daimyo exercised almost unlimited power, and the business of their fiefs was transacted by factors (karo). Twenty-one provinces consisted entirely of fiefs, and in the remaining provinces public and private estates were intermixed.

LOCAL AUTONOMY

Both the Bakufu and the feudatories were careful to allow a maximum of autonomy to the lower classes. Thus the farmers elected a village chief—called nanushi or shoya—who held his post for life or for one year, and who exercised powers scarcely inferior to those of a governor. There were also heads of guilds (kumi-gashira) and representatives of farmers (hyakushodai) who participated in administering the affairs of a village. Cities and towns had municipal elders (machi-doshiyori), under whom also nanushi officiated. The guilds constituted a most important feature of this local autonomic system. They consisted of five householders each, being therefore called gonin-gumi, and their main functions were to render mutual aid in all times of distress, and to see that there were no evasions of the taxes or violations of the law. In fact, the Bakufu interfered as little as possible in the administrative systems of the agricultural, manufacturing, and commercial classes, and the feudatories followed the same rule.

FINANCE

The subject of finance in the Bakufu days is exceedingly complicated, and a very bare outline will suffice. It has already been noted that the unit of land-measurement varied from time to time and was never uniform throughout the empire. That topic need not be further discussed. Rice-fields were divided into five classes, in accordance with which division the rates of taxation were fixed. Further, in determining the amount of the land-tax, two methods were followed; one by inspection, the other by average. In the case of the former, the daikwan repaired in the fall of each year to the locality concerned, and having ascertained the nature of the crop harvested, proceeded to determine the rate of tax. This arrangement lent itself so readily to abuse that the system of averages was substituted as far as possible. That is to say, the average yield of crops for the preceding ten or twenty years served as a standard.

The miscellaneous taxes were numerous. Thus, there were taxes on business; taxes for post-horses and post-carriers; taxes in the form of labour, which were generally fixed at the rate of fifty men per hundred koku, the object in view being work on river banks, roads, and other public institutions; taxes to meet the cost of collecting taxes, and taxes to cover defalcations. Sometimes the above taxes were levied in kind or in actual labour, and sometimes they were collected in money. To facilitate collection in cities, merchants were required to form guilds according to their respective businesses, and the head of each guild had to collect the tax payable by the members. Thus, upon a guild of sake-brewers a tax of a thousand gold ryo was imposed, and a guild of wholesale dealers in cotton had to pay five hundred ryo. There was a house-tax which was assessed by measuring the area of the land on which a building stood, and there was a tax on expert labour such as that of carpenters and matmakers. In order to facilitate the levy of this last-named tax the citizens were required to locate themselves according to the nature of their employment, and thus such names were found as "Carpenter's street," "Matmaker's street," and so forth. Originally these imposts were defrayed by actual labour, but afterwards money came to be substituted.

An important feature of the taxation system was the imposition of buke-yaku, (military dues). For these the feudatories were liable, and as the amount was arbitrarily fixed by the Bakufu, though always with due regard to the value of the fief, such dues were often very onerous. The same is true in an even more marked degree as to taxes in labour, materials, or money, which were levied upon the feudatories for the purposes of any great work projected by the Bakufu. These imposts were called aids (otetsudai).

MANNER OF PAYING TAXES

The manner of paying taxes varied accordingly to localities. Thus, in the Kwanto, payment was generally made in rice for wet fields and in money for uplands, at the rate of one gold ryo per two and a half koku of rice. In the Kinai and western provinces as well as in the Nankai-do, on the other hand, the total tax on wet fields and uplands was divided into three parts, two of which were paid with rice and one with money, the value of a koku of rice being fixed at forty-eight mon of silver (four-fifths of a gold ryo). As a general rule, taxes imposed on estates under the direct control of the Bakufu were levied in rice, which was handed over to the daikwan of each province, and by him transported to Yedo, Kyoto, or Osaka, where it was placed in stores under the control of store-administrators (kura-bugyo).

In the case of cash payments the money was transported to the castle of Yedo or Osaka, where it came under the care of the finance administrator (kane-bugyo). Finally, the accounts connected with such receipts of cash were compiled and rendered by the administrator of accounts (kane-bugyo), and were subsequently audited by officials named katte-kata, over which office a member of the roju or waka-doshiyori presided. Statistics compiled in 1836 show that the revenue annually collected from the Tokugawa estates in rice and money amounted to 807,068 koku and 93,961 gold ryo respectively. As for the rate of the land-tax, it varied in different parts of the provinces, from seventy per cent, for the landlord and thirty for the tenant to thirty for the landlord and seventy for the tenant.

CURRENCY

It has been shown above that, from the time of the fifth shogun, debasement of the coins of the realm took place frequently. Indeed it may be said that whenever the State fell into financial difficulty, debasement of the current coins was regarded as a legitimate device. Much confusion was caused among the people by repeated changes in the quality of the coins. Thus, in the days of the eighth shogun, no less than four varieties of a single silver token were in circulation. When the country renewed its foreign intercourse in the middle of the nineteenth century, there were no less than eight kinds of gold coin in circulation, nine of silver, and four of copper or iron. The limits within which the intrinsic value of gold coins varied will be understood when we say that whereas the gold oban of the Keicho era (1596-1614) contained, approximately, 29.5 parts of gold to 13 of silver and was worth about seventy-five yen. The corresponding coin of the Man-en era (1860) contained 10.33 parts of pure gold to 19.25 of silver, and was worth only twenty-eight yen.

PAPER CURRENCY

The earliest existing record of the use of paper currency dates from 1661, when the feudal chief of Echizen obtained permission from the Bakufu to employ this medium of exchange, provided that its circulation was limited to the fief where the issue took place. These paper tokens were called hansatsu (fief notes), and one result of their issue was that moneys accruing from the sale of cereals and other products of a fief were preserved within that fief. The example of Echizen in this matter found several followers, but the system never became universal.

JUDICIAL PROCEDURE

The administration of justice in the Tokugawa days was based solely on ethical principles. Laws were not promulgated for prospective application. They were compiled whenever an occasion arose, and in their drafting the prime aim was always to make their provisions consonant with the dictates of humanity. Once, indeed, during the time of the second shogun, Hidetada, a municipal administrator, Shimada Yuya, having held the office for more than twenty years, and having come to be regarded as conspicuously expert in rendering justice, it was proposed to the shogun that the judgments delivered by this administrator should be recorded for the guidance of future judges. Hidetada, however, objected that human affairs change so radically as to render it impossible to establish universally recognizable precedents, and that if the judgments delivered in any particular era were transmitted as guides for future generations, the result would probably be slavish sacrifice of ethical principles on the altar of stereotyped practice.

In 1631, when the third shogun, Iemitsu, ruled in Yedo, a public courthouse (Hyojo-sho) was for the first time established. Up to that time the shogun himself had served as a court of appeal in important cases. These were first brought before a bugyo, and subsequently, if specially vital issues were at stake, the shogun personally sat as judge, the duty of executing his judgments being entrusted to the bugyo and other officials.

Thenceforth, the custom came to be this: Where comparatively minor interests were involved and where the matter lay wholly within the jurisdiction of one administrator, that official sat as judge in a chamber of his own mansion; but in graver cases and where the interests concerned were not limited to one jurisdiction, the Hyojo-sho became the judicial court, and the three administrators, the roju, together with the censors, formed a collegiate tribunal. There were fixed days each month for holding this collegiate court, and there were also days when the three administrators alone met at one of their residences for purposes of private conference. The hearing by the shogun was the last recourse, and before submission to him the facts had to be investigated by the chamberlains (sobashu), who thus exercised great influence. A lawsuit instituted by a plebeian had to be submitted to the feudatory of the region, or to the administrator, or to the deputy (daikwari), but might never be made the subject of a direct petition to the shogun. If the feudatory or the deputy Were held to be acting contrary to the dictates of integrity and reason, the suitor might change his domicile for the purpose of submitting a petition to the authorities in Yedo; and the law provided that no obstruction should be placed in the way of such change.

LAW

As stated above, the original principle of the Bakufu was to avoid compiling any written criminal code. But from the days of the sixth and the seventh shoguns, Ienobu and Ietsugu, such provisions of criminal law as related to ordinary offences came to be written in the most intelligible style and placarded throughout the city of Yedo and provincial towns or villages. On such a placard (kosatsu) posted up, in the year 1711, at seven places in Yedo, it was enjoined on parents, sons, daughters, brothers, husbands, wives, and other relatives that they must maintain intimate and friendly relations among themselves; and that, whereas servants must be faithful and industrious, their masters should have compassion and should obey the dictates of right in dealing with them; that everyone should be hard working and painstaking; that people should not transgress the limits of their social status; that all deceptions should be carefully avoided; that everyone should make it a rule of life to avoid doing injury or causing loss to others; that gambling should be eschewed; that quarrels and disputes of every kind should be avoided; that asylum should not be given to wounded persons; that firearms should not be used without cause; that no one should conceal an offender; that the sale or purchase of human being, should be strictly prohibited except in cases where men or women offered their services for a fixed term of years or as apprentices, or in cases of hereditary servitude; finally, that, though hereditary servants went to other places and changed their domicile, it should not be lawful to compel their return.

In the days of the eighth shogun, Yoshimune, it being held that crimes were often due to ignorance of law, the feudatories and deputies were directed to make arrangements for conveying to the people tinder their jurisdiction some knowledge of the nature of the statutes; and the result was that the mayors (nanushi) of provincial towns and villages had to read the laws once a month at a meeting of citizens or villagers convened for the purpose. Previously to this time, namely, in the days of the fourth shogun, Ietsugu, the office of recorder (tome-yaku) was instituted in the Hyojo-sho for the purpose of committing to writing all judgments given in lawsuits. But in the days of Yoshimune, the rules and regulations issued by the Bakufu from the time of Ieyasu downwards were found to have fallen into such confusion that the difficulty of following them was practically insuperable.

Therefore, in 1742, Matsudaira Norimura, one of the roju, together with the three administrators, was commissioned to compile a body of laws, and the result was a fifteen volume book called the Hatto-gaki (Prohibitory Writings). The shogun himself evinced keen interest in this undertaking. He frequently consulted with the veteran officials of his court, and during a period of several years he revised "The Rules for Judicial Procedure." Associated with him in this work were Kada Arimaro, Ogyu Sorai, and the celebrated judge, Ooka Tadasuke, and not only the Ming laws of China, but also the ancient Japanese Daiho-ritsu were consulted.

This valuable legislation, which showed a great advance in the matter of leniency, except in the case of disloyal or unfilial conduct, was followed, in 1767, by reforms under the shoqun, Ieharu, when all the laws and regulations placarded or otherwise promulgated since the days of Ieyasu were collected and collated to form a prefatory vol-ume to the above-mentioned "Rules for Judicial Procedure," the two being thenceforth regarded as a single enactment under the title of Kajo-ruiten. "The Rules for Judicial Procedure" originally comprised 103 articles, but, in 1790, Matsudaira Sadanobu revised this code, reducing the number of articles to one hundred, and calling it Tokugawa Hyakkajd, or "One Hundred Laws and Regulations of the Tokugawa." This completed the legislative work of the Yedo Bakufu. But it must not be supposed that these laws were disclosed to the general public. They served simply for purposes of official reference. The Tokugawa in this respect strictly followed the Confucian maxim, "Make the people obey but do not make them know.":

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